Kerala shipwreck: Centre gives 48-hour ultimatum to ship owner MSC to extract oil from sunken vessel
The Director General of Shipping has issued an ultimatum to the owner of MSC Elsa 3, the ship that sank off the coast of Kerala on May 24, demanding the extraction of oil from the sunken ship in 48 hours.
In the letter addressed to MSC Ship Management Limited, Cyprus, Shyam Jagannatan, Director General of Shipping (DGS), said 'the consistent inaction and delay by the owners and salvors (T&T salvage) appointed by the company represent not only negligence but also a violation of statutory obligations.'
If the extraction of oil not commence within the next 48 hours, the Central government shall be left with no alternative but examine all avenues against the ship owners and salvors for the continuing threat posed to Indian waters and the coastal environment, the letter said.
This include attracting prosecution and penalties under the Merchant Shipping Act, 1958; Environment (Protection) Act 1986; Bharatiya Nyaya Sanhita, 2023; Disaster Management Act, 2005, and any other applicable provisions under Indian maritime safety, environmental protection, and disaster management laws, the letter said.
Any further delay beyond the specified period will be treated as willful and deliberate noncompliance, and the government will proceed to exercise its full legal rights and remedies without any further reference, it noted.
Despite repeated instructions and meetings, the response from the salvors has been consistently delayed and insufficient. The lack of prompt action has resulted in a continued and serious risk to the marine environment and coastline of India, particularly affecting the coastal regions of Kerala. The region's local communities, which heavily rely on fishing for their livelihoods, have already suffered extensive loss of work and income due to the prolonged presence of the sunken vessel, floating debris, oil sheen, and ongoing pollution risks, it said.
The salvors were initially clearly advised to mobilise necessary assets for diving and oil recovery operations. Despite this, the diving support vessel (DSV) and necessary diving assets were not mobilised until after May 30, affecting the entire timeline for the operation. Even the tug assets hired by the owners arrived on scene only after June 1, with no prior deployment initiated by the salvors.
Furthermore, while it was very clear considering the depth of the water (51 meters) that saturation diving was required for the extraction of oil from the vessel, the salvors have to date been able to conduct only limited air diving operations, which are inadequate for the extraction of oil from the tanks of the sunken vessel. Capping of vents, which was scheduled for completion earlier this month, is still being conducted at present. The extraction of oil, originally scheduled to commence around June 5, has not even begun as of this date. The salvage operation was provided a short weather window considering the monsoon conditions over the Arabian Sea, and that window has now largely been lost as a direct consequence of the salvors' failure to timely deploy assets and personnel, the DGS said.
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